Residency / Green Card - Los Angeles Immigration Law


Adjustment of Status through Family Member

Certain United States Citizens and Lawful Permanent Residents may petition their close family relatives (such as parents, spouses, children and siblings) to become lawful permanent residents. However, there may be a wait of many years for these petitions to become current depending on whether the petitioner is a United States citizen or lawful permanent resident and also depending on whether the beneficiary is a minor or an adult, married or unmarried, and the proximity of the relationship.

Moreover, once the petition becomes current the beneficiary can only adjust in the United States if the last time the person entered the country was legally or if a petition was filed before April 30, 2001. If neither of these applies, the family member needs to return to the consulate of their country of origin to apply.

The above explanation was very simplistic in nature, and only identifies a very basic scenario for the purpose of illustration. It is imperative that potential applicants expose their fact scenario to a reputable lawyer for adequate consultation in their particular case.

Adjustment of Status through Employer

Certain aliens may immigrate to the United States via a certain type of employment. The First Preference is for priority workers including persons of extraordinary ability, outstanding professors and researchers, and multinational organization executives and managers. The Second Preference is for members of the professions holding advanced degrees or persons of exceptional ability. The Third Preference is for professionals, skilled, and other workers. The Fourth Preference provides for special immigrants including religious workers, court dependents, returning residents and others. The Fifth Preference is an investor provision, which grants residency to person who invest significant funds in the United States and create (or maintain in certain circumstances) 10 jobs for U.S. workers.

Diversity Immigrants

The Diversity Immigrant Visa program is a United States congressionally-mandated lottery program for receiving a United States Permanent Resident Card. It is also known as the Green Card Lottery. The lottery is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 to provide for a new class of immigrants known as "diversity immigrants" (DV immigrants). The Act makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.

Residency / Green Card - Los Angeles Immigration Law

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